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each parcel of real estate of which respondent was aware. She
added: “If you require additional information, please let me
know.”
Petitioner’s Motion for Sanctions
On May 16, 1996, we filed petitioner’s motion for sanctions
against respondent for failure to litigate in good faith (the
motion for sanctions), which we denied. Exhibit H accompanying
the motion for sanctions purports to be a transcript (the
transcript) of a meeting held on April 24, 1996, among
petitioner, one of respondent’s agents, and another individual.
In the transcript, petitioner acknowledges receiving from
respondent a breakdown of figures by property. She also appears
to acknowledge that respondent’s agents had contacted her former
tenants to determine rents paid to her: “Well, they were willing
to contact former tenants, but they weren’t willing to call, for
example, the Multnomah County Tax Assessor. * * * I mean they
really didn’t endeavor to find anything that wasn’t detrimental
to me.”
Petitioner’s Discovery
Petitioner attempted both informal and formal discovery and
requested admissions from respondent (without distinction,
petitioner’s discovery requests). With few exceptions,
petitioner’s discovery requests did not seek information about or
concerning the adjustments made by respondent in the notices of
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